Air Cooling & Energy v. Midwestern

This is an original proceeding by subcontractor for declaratory judgment interpreting liability of parties relative to an excavating contract. The parties stipulated either could move for summary judgment. Appellant, by motion to Rule 74.04, sought summary judgment. Respondents also sought summary judgment and trial court entered judgment for both respondents. This appeal followed. The judgment is affirmed. Appellant charges the trial court erred in (1) its finding that appellant was not entitled to recovery on either theory of breach of contract, breach of warranty or quantum meruit, (2) its finding that removal of the rock was not extra work or an unforeseen physical condition outside the agreement of the parties, and (3) its finding that appellant was obligated to make an independent interpretation of subsurface conditions or that such finding should have established the existence of an ambiguous contractual situation which should have been resolved against respondents.